PEOPLE v. JOHNSON

15729, 2177/12.

131 A.D.3d 893 (2015)

16 N.Y.S.3d 553

2015 NY Slip Op 06982

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDRE JOHNSON, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 29, 2015.


The court properly declined to give an adverse inference charge as to part of the surveillance video footage taken more than five minutes before the beginning of the subject incident, which occurred in a hotel. A police detective testified that the hotel staff cued the videotape to the beginning of the incident for him, but he rewound the tape to about 10 or more minutes earlier, started watching from that point, and found no footage of the two victims or defendant until...

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